GENERAL CONDITIONS OF ONLINE SALE
- Scope of application
1.1. These general online sales conditions (“General Conditions”) apply to all sales contracts concluded between MM Manifattura, which markets Domodo branded products with registered office in Via SP 237 x Noci Putignano BA, and the user, understood in accordance with article 3 of Legislative Decree no. 206/2005 (“Consumer Code”) as a consumer i.e., a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (“User”) on the basis of orders sent electronically through the website www.domodo .it (“Website”).
1.2. By declaring to accept these General Conditions when purchasing a product on the Website, the User undertakes to comply with these General Conditions. The User will not be able to purchase products through the Website in the event of non-acceptance of these General Conditions.
1.3. The General Conditions apply regardless of the nationality of the User, provided that the delivery of the products takes place in one of the countries in which the online sales service operates, as shown in the table available on the Website.
- Changes to the General Conditions
2.1. The Company reserves the right to make changes to these General Conditions from time to time, should such changes be necessary to ensure compliance with supervening legal provisions, for technical reasons, to adapt them to the sales models adopted by the Company or for better protect the rights of the Parties. The most recent version of the General Conditions is published from time to time on the Website. In any case, the version of the General Conditions in force at the time the order is placed applies to each purchase.
- Creating an account
3.1. To proceed with the purchase of the products on the Website, the User must (i) access the Website with his authentication credentials already obtained following the creation of an account in his name on the Website, or (ii) create a new account on the Website, or (iii) proceed with the purchase as a “guest” user, without the need for any registration.
3.2. To create a new account on the Website, the User must (i) correctly fill in the fields of the registration form, entering all the data requested therein (by way of example and not limited to: name, surname, e-mail address, username and password), (ii) confirm that you have read the privacy policy on the Website and provide any further consent and (iii) confirm the registration.
3.3. When creating an account on the Website, the User must choose a username and password, the length of which cannot be less than 8 characters, respecting the criteria for creating the password from time to time indicated on the Website. The User acknowledges and accepts that the login credentials to the Website are personal and must not be disclosed or transferred to third parties. The User undertakes to keep his password secret and to immediately notify the Company in the event of unauthorized use of the account or loss or theft of access credentials by sending a written communication to the Company at the addresses referred to in Article 16, containing a detailed explanation of what happened and a copy of his identity document. Upon receipt of the communication from the User, the Company will block the User’s access credentials and will provide the same with new access credentials. The Company assumes no responsibility for any loss or damage resulting from the fact that the User has not kept their password securely or has not notified the Company of unauthorized use, loss or theft of the password. The User assumes all responsibility towards the Company for any loss and / or damage resulting from any unauthorized use of their account.
3.4. Registration on the Website is free, it being understood that (i) the cost of the Internet connection used to access the Website is borne by the User, according to the rates, terms and conditions applied by its operator and (ii) the purchase of a product on the Website entails the obligation for the User to pay the Company the fees due for this product.
3.5. Following registration on the Website, the User will receive an e-mail message at the address indicated in the registration phase.
3.6. The User can cancel his account at any time by sending an e-mail to the Company at the address indicated in the following article 16. Upon receipt of this communication, any contractual relationship between the User and the Company – without prejudice to purchase orders already sent before the cancellation request – will be considered resolved and the User’s username and password will be deleted.
- Login as a guest
4.1. The User can also purchase through the Website as a guest, without creating an account on the Website. In this case, the User must (i) correctly fill in the fields of the appropriate form on the Website, entering all the data requested therein (by way of example and not limited to: name, surname, billing and delivery address, e-mail address), and (ii) accept these General Conditions.
4.2. Following the completion of the form, the user can select a payment method from those indicated in the following article 8.1 and electronically submit their purchase order to the Company.
- Conclusion of the purchase contract
5.1. The User must select the products and place them in the cart, without prejudice to the possibility of modifying or deleting the contents of the cart at any time before proceeding with the forwarding of the purchase order.
5.2. The submission of a purchase order through the Website constitutes a binding purchase offer with respect to the selected products and, therefore, the conclusion of a purchase contract, which will be fully governed by these General Conditions (“Contract”).
5.3. Before confirming the purchase order, the User is required to check the summary of the purchase order to check that all the data provided is correct. Any errors in data entry can be corrected using the appropriate data modification functions on the Website. In the event of errors that the User has noticed only after confirming the purchase order, the User can correct the same by contacting the Customer Service of the Company in the manner indicated in the following article 16.
5.4. Once the purchase order has been sent, the Company sends the User an e-mail confirming receipt of the order, containing the order number and details of the order placed (“Receipt Confirmation”). The Receipt Confirmation does not constitute acceptance of the purchase order, unless such acceptance is expressly provided for within the Receipt Confirmation itself; in this case, the Contract will be considered concluded following acceptance. In all other cases, the Contract will be considered concluded upon shipment of the ordered products as provided for in the following article 9.
5.5. In the absence of an express declaration of acceptance of the order in the Receipt Confirmation and in the event of failure to ship the products ordered within the agreed terms, the Consumer’s offer to conclude a Contract will be deemed rejected
5.6. The User is required to keep the order number present in the Receipt Confirmation for the purpose of any communication with the Company.
5.7. The Contract can be concluded in the following languages: Italian, English, French
- Selection of products
6.1. The User can only purchase the products in the catalog published on the Website and available at the time of the purchase order by the User. The product catalog can be periodically updated by the Company, which, therefore, does not provide any guarantee as to the permanence of a product among those available or the availability of all versions of each product / color present in the catalog.
6.2. Each product is accompanied by a description of its main characteristics. The images and colors of the products in the descriptive sheets may not correspond faithfully to the real ones, due to the settings of the information systems or devices used by the User to view the Website. Therefore, the images published must be considered indicative within the limits of normal tolerance.
6.3. The products on the Website are available while stocks last. If, although selectable, the chosen product is not available, the Company will promptly notify the User by e-mail to the address provided by the User. In the event of permanent unavailability of the product, the Company may propose to the User the termination of the Agreement and the refund of the price already paid, including any shipping costs, if applicable.
- Product prices
7.1. The sales prices are expressed in EUR and are inclusive of VAT, if applicable based on the country of delivery of the products.
7.2. The sales prices applicable to the User are those published online at the time the purchase order is placed. These prices may be subject to changes without prior notice. It is the User’s responsibility to check the final price before submitting the purchase order.
7.3. The Company reserves the right to apply different sales prices depending on the country of shipment of the products.
7.4. All product prices on the Website are net of shipping costs and any customs duties, which remain entirely the responsibility of the User.
- Payments; billing; refunds
8.1. The payment methods available to the User are listed below:
8.1.1. Credit card (Visa, Mastercard, Maestro);
8.1.2. PayPal;
8.2. The price must be paid (i) at the time of placing the order, in case of payment by credit card or PayPal
8.3. For each purchase made through the Website, the Company sends the relevant payment receipt to the User. This receipt is attached to the Receipt Confirmation, if the latter constitutes acceptance of the order, or to the Shipping Confirmation (as defined below) pursuant to Article 5.4.
8.4. The Company reserves the right not to accept the purchase order in the event of failure to authorize payment by the relevant manager through one of the payment methods provided for in Article 8.1.
8.5. Any refunds of the amounts paid by the User to the Company will be made using the same payment method used by the User to make the purchase. Refunds will be processed in the time and manner provided by the manager of this payment instrument.
- Shipping and delivery of products
9.1. The products purchased on the Website are delivered to the shipping address indicated by the User when registering on the Website or purchasing the product. The delivery of the products is carried out through affiliated couriers.
9.2. Upon delivery of the products to the courier, the User receives a confirmation communication via e-mail from the Company, in which the name of the courier used, the estimated delivery times and the tracking code are expressly indicated, which will allow the User to constantly monitor the shipment (“Shipping Confirmation”). The date of shipment of the products coincides with the date on which the products are entrusted to the courier in charge of the relative delivery.
9.3. The products can only be delivered to addresses in countries indicated in the table available on the Website. The delivery times and costs of the products vary according to the destination countries and the shipping methods chosen. In any case, delivery times are indicative and not strictly binding for the Company.
9.4. For some types of products, such as large bulky items and items made to order, delivery times may vary depending on the warehouse of origin and the availability in stock at the time of the order. This specificity is indicated on the Website in correspondence with the articles concerned. Delivery to the recipient takes place by appointment, agreed through the Customer Service.
9.5. The Company may deliver the products ordered with the same order through partial deliveries, provided that the products can be used separately. In this case, the Company bears the additional shipping costs related to such deliveries. In any case, partial delivery is considered valid and does not entitle the User to refuse delivery or to obtain compensation or compensation.
9.6. Upon delivery of the product, the User is required to check that (i) the number of packages corresponds to that resulting from the transport documents and (ii) the packaging is intact and without signs of damage, tampering or alteration. If this verification has not been successful, the User must immediately make the necessary complaints to the courier, refusing the product or accepting it with written reservation on the transport document. In addition, the User must inform the Company of the incident, by contacting Customer Service, no later than 8 (eight) days from the date of delivery of the product.
- Late delivery
10.1. Where a Contract has been concluded and a supplier of the Company does not deliver the products ordered by the User to the Company within the agreed terms, the terms of delivery of the products to the User will be considered extended up to a maximum of 30 (thirty) days from the conclusion of the Contract.
10.2. In accordance with Article 61 of the Consumer Code, if the Company does not deliver the products within the agreed deadline or within the deadline referred to in Article 10.1, the User may invite you to make the delivery within an additional period appropriate to the circumstances. If the additional term expires without the products having been delivered, the User is entitled to terminate the Contract, without prejudice to the right to compensation for damages.
- Withdrawal of products
11.1. In case of non-delivery of the products due to the absence of the User during the attempts provided for by the procedure applied by the courier, the courier will keep the products in its warehouse until they are collected by the User and in any case within the indicated term. in the notice of attempted delivery left to the User. If the products are not collected within this period, the products will be returned to the Company. In this case, the Contract will be considered terminated by law in accordance with Article 1456 of the Civil Code, by sending written communication to the User via email, and the related purchase order will be canceled. Within the following 15 (fifteen) days, the Company will reimburse the price paid by the User for the products, less the costs of the unsuccessful shipment, the costs of returning the products to the Company and any other expenses that the Company has claimed due to the non-delivery of the products due to the absence or inertia of the User in fulfilling the obligation to receive the delivery.
11.2. Following the communication referred to in Article 11.1, the User who intends to request the delivery of previously ordered products must necessarily proceed with a new purchase order, without prejudice to the Company’s right to refuse this order.
- User representations and warranties
12.1. The User declares and guarantees:
12.1.1. to be able to legitimately stipulate these General Conditions;
12.1.2. to be of age;
12.1.3. that the personal data and other information communicated to the Company when registering on the Website or purchasing a product are true, correct and up-to-date. The Company reserves the right to verify the information provided at any time and by any means at its disposal, also by requesting suitable supporting documentation from the User and, in case of violation of this article 12.1.3, to close or suspend the User account;
12.1.4. who will use the Website in compliance with any applicable law or regulation provision, refraining from any form of direct and / or indirect use of the Website that is in contrast with the law, these General Conditions or detrimental to the rights of third parties.
12.2. The User undertakes to indemnify and hold harmless the Company against any liability, action, cost, expense and claim that may derive from the User’s violation of the declarations and guarantees referred to in Article 12.1, without prejudice in any case the possibility for the Company to terminate the Contract with immediate effect pursuant to Article 1456 of the Civil Code.
- Legal guarantee of conformity
13.1. The products sold through the Website to the User enjoy the legal guarantee of conformity provided for in Articles 128 et seq. of the Consumer Code (“Legal Guarantee”).
13.2. The Company is required to deliver to the User products that comply with the Contract.
13.3. The Company is liable to the User for any lack of conformity existing at the time of delivery of the product, provided that the lack of conformity has manifested itself within 2 (two) years of delivery of the product. The User loses his rights relating to the Legal Guarantee if he does not report the lack of conformity to the Company within 2 (two) months from the date on which he discovered the defect, by contacting Customer Service in the manner indicated in the Article 16; this report must contain an accurate and complete description of the alleged defects or defects. In this case, Customer Service is required to verify the User’s communication, giving him instructions for shipping the defective product, which will be at the Company’s expense. The Company has the right to request the User to attach the payment receipt or any other document to the product for which it intends to enforce the Legal Guarantee.
13.4. The User may ask the Company, at its discretion, to repair the product or replace it, at no cost to him, unless the chosen remedy is objectively impossible or excessively burdensome compared to the other.
13.5. The User may request, at his discretion, an appropriate reduction in the price or the termination of the Agreement if one of the following situations occurs: (i) the repair and replacement are impossible or excessively expensive; (ii) the Company has not repaired or replaced the product within a reasonable time; (iii) the replacement or repair previously carried out has caused significant inconvenience to the User.
13.6. If the product must necessarily be repaired at a manufacturer’s technical assistance center, the Company will send the product to that assistance center, it being understood that it will remain directly responsible to the User for the purposes of the Legal Guarantee.
13.7. Where, after having collected the product, the Company verifies that the lack of conformity reported actually exists, any costs of transport, repair or replacement of the product will be borne by the Company. Otherwise, or where the Company verifies that the reported lack of conformity does not exist or that there are no conditions for the applicability of the Legal Guarantee, the Legal Guarantee will not operate and all transport costs as well as the costs associated with the verification of the ‘alleged lack of conformity will be borne by the User; in this case the Company will notify the User.
13.8. The User acknowledges and accepts that any defects or damage caused by accidental events or by the User’s responsibility or by use of the products not compliant with their intended use or normal wear and tear are not covered by the Legal Guarantee.
- Right of withdrawal
14.1. The User has the right to withdraw from the contract, without indicating the reasons, within 14 (fourteen) days. The withdrawal period expires after 14 (fourteen) days from the day of conclusion of the Contract or from the day on which the User or a third party designated by the User, other than the carrier, acquires physical possession of the products. If the User has purchased multiple products with a single order, the withdrawal period expires after 14 (fourteen) days from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the latest product.
14.2. To exercise the right of withdrawal, the User is required to clearly declare their intention to withdraw from this Agreement by informing the Company at the following contacts (link). To this end, the User can use the withdrawal form available at the following link (link), it being understood that its use is not mandatory.
14.3. To meet the withdrawal deadline, it is sufficient for the User to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired. Upon receipt of the request for withdrawal, the Company will communicate an acknowledgment of receipt to the User via email without delay.
14.4. Without prejudice to the provisions of the following articles 14.6, 14.7. and 14.8, in the event of withdrawal, the User will be reimbursed for all payments made to the Company, including delivery costs, with the exception of additional costs deriving from the User’s choice of a different means of delivery. by the least expensive means of standard delivery offered by the Company, without undue delay and in any case no later than 14 (fourteen) days from the day on which the Company was informed of the User’s decision to withdraw from the Contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not have to incur any costs as a result of this reimbursement.
14.5. Unless the Company has offered to itself collect the products subject to the exercise of the right of withdrawal by the User, the User is required to return or deliver the products to the Company or to the agreed couriers without undue delay and in any case within 14 (fourteen) days from the day on which the User communicated his withdrawal from the Contract to the Company. The deadline is considered to be met if the User returns the products before the expiry of the period of 14 (fourteen) days to the following addresses:
FOR EUROPE AND CANADA ORDERS
MM Manifattura SP 237 x Noci 70017 Putignano BA Italy
FOR USA ORDERS
MM Manifattura SP 237 x Noci 70017 Putignano BA Italy
The costs of returning the products are borne by the User, unless the Company has at its discretion agreed in writing to bear such costs. The Company may suspend the reimbursement of the price of the products until they are received or until the User demonstrates that he has returned the products, whichever is earlier.
14.6. The User is required to return the products in an intact state of conservation and with original labels that have not been removed. The packaging of the products must be accurate, in order to protect the original wrapping from damage, writing or labels.
14.7. All products will be delivered in their original packaging. We ask you not to damage the original packaging of the purchased products, of which they are an integral part.
14.8. The Company, in case of exercising the User’s right of withdrawal, has the right not to accept the return or not to refund in full the sums paid for the purchase, in relation to those products that do not have the relative tag or that have been altered in their essential and qualitative characteristics or that have been damaged.
- Protection of personal data
15.1. The Company processes the User’s personal data for the purposes and in the manner specified in the Privacy Policy on the website at the link (link).
- Customer Service
16.1. The Customer Service, which the User can contact for any information, to request assistance or to submit complaints, can be reached at the following addresses:
MM Manifattura SP 237 x Noci 70017 Putignano BA Italy
- Online dispute resolution
17.1. The User has the option of using the platform set up by the European Commission for the resolution of disputes relating to online sales contracts (“ODR Platform”). Through the ODR Platform, the User and the Company can resolve disputes relating to purchases made online with the assistance of an impartial body. The ODR Platform is accessible at the following link (link)
- Applicable law and competent photo
18.1. These General Conditions are entirely governed by Italian law. Any dispute that may arise between the Parties in relation to the validity, interpretation, execution and termination of these General Conditions or of each Contract will be the exclusive competence of the Court of the place of residence or domicile of the consumer, if located in the Italian territory. If the User is not a resident or does not have his domicile in the Italian territory, for any dispute that may arise between the Company and the User regarding the interpretation of the General Conditions and the execution of the Contract, in the event of an action brought by Company, the latter may choose between the Court of [Bari] and the Court of the User’s place of residence or domicile, alternatively between them; in the event of an action brought by the User, the Court of Bari will have exclusive jurisdiction